Contract For The Sale Of The Comparative Law Study Of The Risk Burden

This paper, resorting to a comparative analytic method, explores the issues about the notion of buy-sell contract risk, the fundamentals involved in the risk, and their relevant applications, with attempt to solve distributions of risk burdens under diverse conditions, and on basis of this, this paper puts forward with suggestions about legally perfecting some faults on China's burden system of buy-sell contract risk.This paper consists of three chapters:Chapter One is about theory analyses. First it studies the notion of risk, about which Roman jurists ever had three perspectives and in present Contract Law scholars conceives different views. By comparison, we claim that risk in buy-sell contract refers to damage or loss of the target not caused by the two sides, that risk has attributes of indefiniteness, property loss and objectivity. As for the construction of its scope, scholars vary with different or vague definitions throughout the world. We claim that the scope of risk includes natural force, accidentalness, fault of a third person and natural attributes of the goods. Risk burden of buy-sell contract is about risk of the price. The claim of enlarging its notion is compatible with neither its real referents nor relevant regulations.After defining risk, we study how the two sides undertake their mutual burdens. To lessen contradictions, all countries defined this. Depending on its relation with possession right, the rules of risk transfer have two kinds: transfer with that of possession right and direct transfer.Chapter Two is about some comparisons. Today in marketing economics and especially after China's entering WTO, intemational goods buy-sell takes the core of buy-seU contract. This paper steps on the correlative provision of United Nations Convention on Contracts for the International Sale of Good, the Continental Law Legal Family, the English-American Law Legal Family and the Republic of China's Contract Law, resorts to a comparative analysis in order to help China's legal application of buy-sell contract. It centers on risk in shipping and contract violating.Chapter Three is about legislation analyses and perfection. In 1999, China initially regulated buy-sell contract risk in a systematical way. This chapter briefly introduces China's legislation, and then examines China's Contract Law from two aspects of its basic issues and concrete entries, and finally displays our viewpoints.This paper mainly resorts to a comparative analytic method to examine issues about buy-sell contract risk, and meanwhile combines theoretical explorations of views to comment on its advantages and losses. And this paper also put forward with our suggestions.